Daily Yellowstone journal., 1887-08-17

Ing that before the condemnation
shall take effect the compensation ad-
judged to be paid TO the owner or
owners shall be paid to such owner or
owners, or deposited in court, subject
to bis or their order, but at any time
after service Of notice Of the appIca-
ton hereinbefore mentioned, the court
or judge may authorize such city. II
already In possession. to continue
therein, and II not In possession then
TO take possession of and use the prop
erty during the pendency, and until
the inal conclusion of such procsed-
ings, and may stay all procesdings
against said city on account thereof.
SECTION 100. If theowner or olaim-
ant Of such lands or other property
and the mayor or other officer author
lied by the city council cannot agree
20 to the damages or compensation to
be paid for such property, the amount
shall be determined by the appraisal
of three disinterested commissioners
who may be appointed upon spplica-
tion Of the mayor or other authorized
officer. to the district court or the
judge thereof. or in the absence Of such
judge. then to the judge Of the probate
court in and for said county. Said
commissioners may hear such legal
testimony a. may be offered by any
party TO the proceedings, and for that
purpose shall be authorized to admin
ister all necessary oaths, and there
upon must ascertain and assess:
FIRST. The value Of the property
sought TO be condemned and all i'm
provements thereon pertaining 10 the
realty. and Of each and every separate
interest or estate therein. II il con-
sists Of different parcels, the value of
each parcel, and each estate or interest
therein, shall be separately assessed.
SECOND. If the property s6ught 10
be condemned constitutes only . part
Of large parcel. the damages which
will accrue to the portion not sought
to be condemned by reason Of its sew
erance from the portion sought to be
condemned, and the construction of
the improvement or exercise Of the
use In the manner proposed by the
city council.
THIRD. Separately how much the
property not sought to be condemned
and each estate or interest therein,
will be benefited IL at all, by the con-
struction of the improvement or exer-
else Of the use proposed by the city
council, and IL the benefit shall be
equal to the damages assessed under
subdivision 2 Of this section, the
owner Of the parcel shall be allowed
no compensation except this value Of
the portion taken, but II the benefit
shall be less than the damages 20 -
sessed, the former shall be deducted
from the latter, and the remainder
shall be the only damages allowed In
addition to the value.
FOURTH. AZ far - practicable the
compensation or damages shall be -
ssssed for each source Of damage sep
arately.
SECTION ITO. For the purpose Of ~
sessing compensation or damages the
right thereto shall be deemed 70 have
accrued Ut the date of the application.
and its actual value 1t that date shAll
be the measure Of compensation for al
property actually taken OF 10 b
taken, and the basis Of damage TO
property not actually taken, but In
juFiously affected. II an order b
made letting said city into possession,
the compensation and damages award
cd shall draw legal intsrest from the
date Of such order. No improvsmsat
put upon the property subsequsDt 70
the date Of the service Of notice Of ths
application for appointment Of eom-
missioner shall be included In the -
ssssment Of compensation or damagsss
SECTION Ill. Upon the return insss
the said district court Of such appraiss-
msnt, and upou the paymsns V ~
clerk Thereof, the amount % awnrdse
by the commissioner for the ~ ena
benefit Of the owner Of ths property
taken, said olty shall sequis full t'tle
70 the ss.s Sbr he purposes aforssaAA
anh ths court o. judgs shall mahs
sush osdsr - may b propss In <hs
prsmisss, . csr>insd copy q vhish
shall be recorded In " ofnos Of ths
county recorder. and shall have ~
ssus fDros and snsct - . soaveyanoo.
apcr1oN Il2 The city oounol shnll
lossslsss1 - Aize penl